Barry Lebowitz v. United States

TIMBERS, Circuit Judge:

Appellant Barry Lebowitz appeals from an order entered January 17, 1989 in the Eastern District of New York, I. Leo Glasser, District Judge, denying after a hearing his motion pursuant to 28 U.S.C. § 2255 (1982) to vacate his conviction and four year sentence following a guilty plea. He alleged that his conviction and sentence for escape from federal custody should be vacated since the dismissal of an earlier complaint filed on the same charge on the ground that the Speedy Trial Act had been violated should have been with prejudice to later prosecution. In denying the…